Posthumous Births: Are Children Born after Their Parent’s Death Entitled to the Estate?
Sadly, children are sometimes born after one of their parents passes away – a posthumous birth or after-born child. In other cases, babies can be conceived well after one of their parents has passed away because of current and advancing…
Probate vs. Letter of Administration: What’s the Difference?
When someone dies, it often leaves their loved ones wondering about how they should start administering the estate. If the deceased leaves a will, the courts need to verify its validity. If the deceased didn’t write a will, the courts…
When does the Government Inherit an Estate (the estate escheats)?
We often hear from clients that are worried that a loved one’s estate is going to fall entirely in the government’s hands because the person hasn’t written a will yet. It should be known that it is extremely rare for…
Intestacy: Who Makes the Funeral Arrangements?
When a loved one passes away unexpectedly, it may leave family and friends without any idea of who should plan the funeral or what the deceased’s preferences would have been. As a general rule of thumb, the deceased’s estate executor…
Executor Passes Away, Who Finishes Administering the Will?
When a will writer dies, the executor named in their will handles the administration of the deceased's estate, ensuring the estate is distributed as intended. This can be a lengthy process, especially when executors are handling large, complex estates. In…
How Assets Are Distributed When Someone Dies Without a Valid Will (Intestate)
If someone dies intestate (without leaving a valid will), the courts determine the estate’s distribution. Part 3 of the Wills, Estates and Succession Act (WESA) outlines what exactly is to be done when someone dies intestate. While the distribution of…